The Veteran's lumbar strain with degenerative changes and cervical spine disability have been rated at the maximum allowable under VA regulations, and he is not entitled to a higher evaluation. The Board has also found that his TDIU claim is granted.
The deciding factor: The Veteran's service-connected disabilities do not meet or approximate criteria for an evaluation in excess of those assigned.
- Claimed conditions
- Lumbar strain with degenerative changes, Degenerative joint disease of cervical spine associated with C2 fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- May 6, 2014
- Citation
- 1420256
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 1420256.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has found that the Veteran's low back disability is proximately due to or the result of his service-connected right knee disabilities, and thus grants service connection for this condition.
- Denied
The Board denied the veteran's claims for service connection for a bladder disability, an initial evaluation in excess of 40 percent for lumbar strain with degenerative changes, and an evaluation in excess of 10 percent for dislocation of the left patella. The effective dates were not specified.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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